Judgement

CHANDRACHUD, J.:- Ten persons were tried by the learned Sessions judge, Orai, for various offences arising out of the death of one Bhagat Ram and injuries to three others. The learned Judge acquitted three of them and convicted the remaining seven. The respondent, Sheo Ram, was convicted under Section 302 and was sentenced to death. He was also convicted like others under Section 148 and Sections 323,324,325 and 307 read with Section 149 of the Penal Code. Those who were convicted filed an appeal in the High Court of Allahabad while the State Government filed appeals against those who were acquitted by the learned Judge. By its judgment D/- 10-11-1971 the High Court upheld the conviction of three out of the seven persons convicted by the trial court and ordered the acquittal of the remaining four. The State appeal against the acquittal of three persons was dismissed by the High Court. This appeal by special leave is filed by the State against the judgment of the High Court acquitting the respondent. Sheo Ram. We are not concerned in this appeal with the judgment of the High Court in regard to the High Court in regard to the remaining nine accused.

2. At about 12 noon on Apr